Complaint of Los Fresnos Consolidated Independent School
District, et. al.
(February 5, 1999), the commission ruled that rate
complaints involving billing issues rather than general rate cases are not
governed by the Public Utility Regulatory Act (PURA), Chapter 33. However,
the commission expressed during the February 4, 1999 Open Meeting that some
time deadline should be established for handling such complaints, but that
it need not be the 30 days required under PURA §33.053. CSW Companies
suggested adding language to §22.242(e)(1)(A) to require that such complaints
be filed no later than 60 days after the city issues a decision on the complaint;
or the city issues a statement that it will not consider the complaint or
a class of complaints that includes the person's complaint.
The commission agrees that the commissioners' decision in Docket Number
20011 should be codified in its rules. However, the modification requested
by CSW Companies is outside the scope of this proceeding, as it would place
a new requirement on utility customers that has not been published for comment.
The commission will initiate a project to further amend 22.242.
TUEC comments on the commission's proposed change to §22.242(e)(1)(B),
which added language: "If the city does not act on the complaint within 30
days, the commission may send the city a letter requesting that the city act
on the complaint. If the city does not respond or act within 15 days, the
complaint shall be deemed denied by the city and the commission shall consider
the complaint." TUEC states that this is beyond the authority of the commission
to adopt because PURA §33.053(b) permits an appeal only of the "final
decision by the governing body of the municipality". TUEC comments that a
city's failure to act, even after a commission request to do so, does not
constitute a "final decision". Without a final decision, there is no basis
upon which the commission can hear the complaint as jurisdiction will not
exist resulting in an order that is void ab initio.
TUEC further stated that even if the commission could transform the failure
of a municipality to act into a final decision, (1) the city most likely would
be unable to act within the 15-day period specified due to open meeting notice
requirements; (2) the exact time when the time period starts should be clarified
(i.e., 15 days from the date of the letter or receipt of the letter); and
(3) the proposed provision that states the commission will automatically consider
the complaint should be deleted.
The commission finds that this provision is necessary to protect the public
interest and ensure that utility customers within the boundaries of a municipality
having original jurisdiction have the opportunity to invoke the commission's
appellate jurisdiction. Consideration of a complaint after giving the municipality
a reasonable opportunity to act appropriately balances deference to the municipality's
original jurisdiction and the right of customers to have their complaints
considered and resolved.
The commission agrees with TUEC that a city would most likely be unable
to act within the 15-day specified period and has increased this to 30 days
from the date the commission dates the letter. The commission does not delete
the phrase "and the commission shall consider the complaint". The commission
considers all complaints that are filed, whether the decision is to deny or
to grant the relief requested. Section 22.243 relating to Rate Change Proceedings.
Section 22.243 relating to Rate Change Proceedings
TEC comments that the provision in §22.243(a) which requires electric
utilities or public utilities to file a statement of intent with the regulatory
authority having original jurisdiction at least 35 days prior to the effective
date of the proposed change does not apply to electric cooperatives that have
elected to be exempt from rate regulation under PURA, Chapter 36. TEC suggested
adding the following language to subsection (a): "No electric utility or public
utility, other than an electric cooperative that has elected to be exempt
from rate regulation under chapter 36 of PURA, may make changes…."
The commission agrees and has made the appropriate change.
These amendments are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998) (PURA) which provides the commission with the authority to make and
enforce rules reasonably required in the exercise of its powers and jurisdiction,
including rules of practice and procedure.
Cross-Index to Statutes: Public Utility Regulatory Act §14.002 and
§14.052.
§22.242.Complaints.
(a)
Records of complaints. Any affected person may complain
to the commission, either in writing or by telephone, setting forth any act
or thing done or omitted to be done by any electric utility or telecommunications
utility in violation or claimed violation of any law which the commission
has jurisdiction to administer or of any order, ordinance, rule, or regulation
of the commission. The Office of Customer Protection may request a complaint
made by telephone be put in writing if necessary to complete investigation
of the complaint. The commission shall keep information about each complaint
filed with the commission. The commission shall retain the information pursuant
to the agency's records retention schedule as approved by the Texas State
Library and Archives Commission. The information shall include:
(1)-(6)
(No change.)
(b)
(No change.)
(c)
Informal resolution required in certain cases. A person
who is aggrieved by the conduct of an electric utility or telecommunications
utility or other person must present a complaint to the Office of Customer
Protection for informal resolution before presenting the complaint to the
commission.
(1)
Exceptions. A complainant may present a formal complaint
to the commission, without first referring the complaint for informal resolution,
if:
(A)
the complainant is the Office of Regulatory Affairs, the
Office of Customer Protection, the Office of Public Utility Counsel, or any
city;
(B)
the complaint is filed by a qualifying facility and concerns
rates paid by an electric utility for power provided by the qualifying facility,
the terms and conditions for the purchase of such power, or any other matter
that affects the relations between an electric utility and a qualifying facility;
(C)
the complaint is filed by a person alleging that an electric
utility or a telecommunications utility has engaged in anti-competitive practices;
or
(D)
the complaint has been the subject of a complaint proceeding
conducted by a city.
(2)
For any complaint that is not listed in paragraph
(1) of this subsection, the complainant may submit to the Office of Customer
Protection a written request for waiver of the requirement for attempted informal
resolution. The complainant shall clearly state the reasons informal resolution
is not appropriate. The Office of Customer Protection may grant the request
for good cause.
(d)
Termination of informal resolution. The Office of Customer
Protection shall attempt to informally resolve all complaints within 35 days
of the date of receipt of the complaint. The Office of Customer Protection
shall notify, in writing, the complainant and the person against whom the
complainant is seeking relief of the status of the dispute at the end of the
35-day period. If the dispute has not been resolved to the complainant's satisfaction
within 35 days, the complainant may present the complaint to the commission.
The Office of Customer Protection shall notify the complainant of the procedures
for formally presenting a complaint to the commission.
(e)
Formal Complaint. If an attempt at informal resolution
fails, or is not required under subsection (c) of this section, the complainant
may present a formal complaint to the commission.
(1)
Requirement to present complaint concerning electric utility
to a city. If a person receives electric utility service or has applied to
receive electric utility service within the limits of a city that has original
jurisdiction over the electric utility providing service or requested to provide
service, the person must present any complaint concerning the electric utility
to the city before presenting the complaint to the commission.
(A)
The person may present the complaint to the commission
after:
(i)
the city issues a decision on the complaint; or
(ii)
the city issues a statement that it will not consider
the complaint or a class of complaints that includes the person's complaint.
(B)
If the city does not act on the complaint within 30 days,
the commission may send the city a letter requesting that the city act on
the complaint. If the city does not respond or act within 30 days from the
date of the letter, the complaint shall be deemed denied by the city and the
commission shall consider the complaint.
(2)
The Office of Policy Development may permit a
complainant to cure any deficiencies under this subsection and may waive any
of the requirements of this subsection for good cause, if the waiver will
not materially affect the rights of any other party. A formal complaint shall
include the following information:
(A)
the name of the complainant or complainants;
(B)
the name of the complainant's representative, if any;
(C)
the address, telephone number, and facsimile transmission
number, if available, of the complainant or the complainant's representative;
(D)
the name of the electric utility or telecommunications
utility or other person against whom the complainant is seeking relief;
(E)
if the complainant is seeking relief against an electric
utility, a statement of whether the complaint relates to service that the
complainant is receiving within the limits of a city;
(F)
if the complainant is seeking relief against an electric
utility within the limits of a city, a description of any complaint proceedings
conducted by the city, including the outcome of those proceedings;
(G)
a statement of whether the complainant has attempted informal
resolution through the Office of Customer Protection and the date on which
the informal resolution was completed or the time for attempting the informal
resolution elapsed;
(H)
a description of the facts that gave rise to the complaint;
and
(I)
a statement of the relief that the complainant is seeking.
(f)
Copies to be provided. A complainant shall file eight copies
of the formal complaint. A complainant shall provide a copy of the formal
complaint to the person from whom relief is sought.
(g)
Docketing of complaints. The Office of Policy Development
shall docket any complaint that substantially complies with the requirements
of this section.
(h)
Continuation of service during processing of complaint.
In any case in which a formal complaint has been filed and an allegation is
made that an electric utility or a telecommunications utility or other person
is threatening to discontinue a customer's service, the presiding officer
may, after notice and opportunity for hearing, issue an order requiring the
electric utility or telecommunications utility or other person to continue
to provide service during the processing of the complaint. The presiding officer
may issue such an order for good cause, on such terms as may be reasonable
to preserve the rights of the parties during the processing of the complaint.
(i)
List of cities without regulatory authority. The Office
of Customer Protection shall maintain and make available to the public a list
of the municipalities that do not have exclusive original jurisdiction over
all electric rates, operations, and services provided by an electric utility
within its city or town limits.
§22.243.Rate Change Proceedings.
(a)
Statements of intent. No electric utility or public utility,
other than an electric cooperative that has elected to be exempt from rate
regulation under the Public Utility Regulatory Act, Chapter 36, may make changes
in its rates except by filing a statement of intent with the regulatory authority
having original jurisdiction at least 35 days prior to the effective date
of the proposed change. The statement of intent shall include proposed revisions
of tariffs and schedules and a statement specifying in detail each proposed
change, the effect the proposed change is expected to have on the revenues
of the electric utility or public utility, the effective date of the proposed
rate change, the classes and numbers of utility ratepayers affected, and a
description of the service for which a change is requested. For major rate
proceedings, the expected change in revenues must be expressed as an annual
dollar increase over adjusted test year revenues and as a percent increase
over adjusted test year revenues.
(b)
Rate filing package. Any electric utility or public utility
filing a statement of intent to change its rates in a major rate proceeding
under the Public Utility Regulatory Act (PURA), Chapter 36, Subchapter C
or Chapter 53, Subchapter C shall file a rate filing package and supporting
workpapers as required by the commission's current rate filing package at
the same time it files a statement of intent. The rate filing package shall
be securely bound under cover, and shall include all information required
by the commission's rate filing package form in the format specified. Examination
for sufficiency and correction of deficiencies in rate filing packages are
governed by §22.75 of this title (relating to Examination and Correction
of Pleadings).
(c)
(No change.)
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
21, 1999.
TRD-9902371
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: May 11, 1999
Proposal publication date: January 15, 1999
For further information, please call: (512) 936-7308
16 TAC §22.245
The Public Utility Commission of Texas (commission) adopts
the repeal of §22.245, relating to Notice of Intent Petitions with no
changes to the proposed text as published in the January 15, 1999, issue of
the
Texas Register
(24 TexReg 288). Project
Number 17709 is assigned to this proceeding. The Appropriations Act of 1997,
HB 1, Article IX, Section 167 (Section 167) requires that each state agency
review and consider for readoption each rule adopted by that agency pursuant
to the Government Code, Chapter 2001 (Administrative Procedure Act). Such
reviews shall include, at a minimum, an assessment by the agency as to whether
the reason for adopting or readopting the rule continues to exist. Section
22.245 applies only to utilities filing a notice of intent to file an application
for a certificate of convenience and necessity for a new generating plant.
These applications are now processed under Chapter 25, Subchapter H, Electrical
Planning, and a notice of intent petition is no longer required. The commission
finds that the reason for adopting this section no longer exist.
The commission received no comments on the proposed repeal.
This repeal is adopted under the Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 and §14.052 (Vernon 1998)
(PURA) which provides the commission with the authority to make and enforce
rules reasonably required in the exercise of its powers and jurisdiction,
including rules of practice and procedure.
Cross-Index to Statutes: Public Utility Regulatory Act §14.002 and
§14.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
21, 1999.
TRD-9902372
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: May 11, 1999
Proposal publication date: January 15, 1999
For further information, please call: (512) 936-7308